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FELICISIMO L. OPRIASA v. CITY GOVERNMENT OF QUEZON CITY

This case has been cited 1 times or more.

2013-10-22
PER CURIAM
The requirements prescribed by Sections 12 and 13 of R.A. No. 26 are mandatory and compliance with such requirements is jurisdictional.[68]  Notice of hearing of the petition for reconstitution of title must be served on the actual possessors of the property. Notice thereof by publication is insufficient. Jurisprudence is to the effect settled that in petitions for reconstitution of titles, actual owners and possessors of the land involved must be duly served with actual and personal notice of the petition.[69] Compliance with the actual notice requirement is necessary for the trial court to acquire jurisdiction over the petition for reconstitution.[70]  If no notice of the date of hearing of a reconstitution case is served on a possessor or one having interest in the property involved, he is deprived of his day in court and the order of reconstitution is null and void.[71]